NISHAN NISAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Second respondent initiated proceedings against the petitioner under section 107 Cr.P.C by filing Crime No.187 of 2021 of Varkala Police Station evidenced by Annexure-1. It seems that, the premise on which section 107 Cr.P.C proceedings were initiated against the petitioner is that, he was causing hindrance to the peaceful life of the people of the locality and if he is premitted to move freely, there is every likelihood of the petitioner indulging in disturbing public tranquility. Essentially, this was based on a premise that, he was involved in an earlier case.

(2.) Challenging the above proceedings, learned counsel for the petitioner contended that, section 107 Cr.P.C does not empower the authority to register an FIR invoking the provision. The likelihood of the commission of offence cannot be a ground, unless it is based on definite, cogent materials. It seems that, petitioner herein was involved in one earlier case which was involving offences under sections 342, 294 (b), 323, 324, 506 and 308 in Crime No.3472 of 2020. It is seen that the above crime was quashed by Annexure-A2 order of this Court in Crl.M.C.No.4747 of 2020.

(3.) Heard the learned Government Pleader who informed that the above proceedings were initiated at a time when election was being held and as a preventive measure, proceedings were initiated.